Harmonization of Compliance Obligations for Registered Investment Companies Required to Register as Commodity Pool Operators (Proposed Rules)

77 FR 11345

The CFTC is proposing amendments to its regulations regarding requirements applicable to investment companies registered under the Investment Company Act of 1940 ("registered investment companies") whose advisors will be subject to registration as CPOs due to changes to section 4.5 that the Commission is adopting. In particular, the CFTC is proposing to amend § 4.12(c) such that the CPO of any pool whose units of participation will be offered and sold pursuant to an effective registration statement under the Securities Act of 1933 may claim the relief from the delivery and acknowledgement requirements under § 4.21, certain periodic financial reporting obligations under § 4.22, and the requirement that records be maintained at the CPO's main office under § 4.23, available under § 4.12(c) with respect to that pool.

Comments Due: April 24, 2012

Cross References: CFTC Rule 4.12; Lofchie's Guide to CPO/CTA Regulation: Chapters 3 4, Registration.